WARDS AFFECTED : RADFORD & PARK LICENSING COMMITTEE 17 MAY 2004 REPORT OF CORPORATE DIRECTOR CITY DEVELOPMENT APPLICATION FOR VARIATION OF ENTERTAINMENTS LICENCE & CONSENT TO STRUCTURAL ALTERATIONS WALTON’S HOTEL, 2 NORTH ROAD, THE PARK, NOTTINGHAM 1.0 SUMMARY 1.1 This is an application to vary the hours of entertainments licence to extend the terminal hour on Mondays to Sundays to 1am and for consent to alter the premises to include further areas in the licence and to increase the maximum occupancy. 2.0 RECOMMENDATIONS 2.1 IT IS RECOMMENDED THAT the Committee determine the application having regard to requests for a final inspection by the Fire Officer and Health & Safety Officer; objections from local residents, the Nottingham Park Estate Limited, a Councillor and to the City Council’s Entertainments Licensing Policy No 1;

• ‘matters that might present an adverse impact on the neighbourhood from the licensed activity have been assessed and suitable measures put in place to minimise or prevent the impact’;

• ‘that the applicant has taken steps to ensure good order inside and outside the premises’;

• ‘the applicant can (or has put) in place such effective measures as given above to the satisfaction of the Council and Police’; and 2.2 to the City Council’s Licensing Policy No 5; ‘When considering whether entertainments licence should be granted, the Council will assess the likelihood of the proposal causing an unacceptable adverse impact either by itself or in conjunction with another factor that by itself may have that adverse impact. Particular regard will be had to the impact on local residents’; and; 2.3 to the City Council’s Licensing Policy No 8; ‘Normally the preferred terminal hour for entertainments licence will be 11 pm. Any later terminal hour applied for will need to be supported and justified as part of the application’; and; 2.4 to the City Council’s Policy No 10; ‘It is unlikely that a new application for a terminal hour beyond the times stated in Policy 8 will succeed where the area is predominantly residential or has circumstances that are sensitive to the problems associated with licensed premises unless the applicant can demonstrate extenuating reasons why the application should be granted;’ and; 2.5 to the City Council’s Entertainments Licensing Policy No 11; ‘For a new application or variation, exceptions may be made to permit a later terminal hour where the Council are satisfied that the applicant has shown that the following circumstances would apply :

a the licensed activity would not be likely to cause adverse impact, especially on local residents, and if there is a potential to cause adverse impact that appropriate measures will be put in place to prevent or minimise the impact; and; b there will not be an adverse impact from the licensed activity, cumulatively or by itself, on local residents’. 2.6 to the standard licence conditions of entertainments no 40:-

• ‘Any noise produced or associated with the entertainments must not be audible at the façade of the nearest residential, commercial or industrial premises;’ and; 3.0 BACKGROUND 3.1 The current entertainments licence provides music and dancing during the following hours:- Mondays to Saturdays - 10.30 am to 12.30 am Sundays - noon to midnight 4.0 PROPOSALS 4.1 The new licence holder Alan Hancock has applied for consent to structural alterations and to include other areas of the premises as follows:- front bar/dining room - music & dancing rear bar - music only which will increase the occupancy from 100 to 210 persons and to extend the terminal hour as follows:- Mondays to Saturdays - 10 am to 1 am Sundays - noon to 1 am 4.2 Ward Councillors were consulted and Councillor Bull has objected and a copy is attached 4.3 Local residents have objected and copies are attached 4.4 Three emails in support of the application have been received from local residents and copies are attached 4.4 Young & Pearce solicitors have objected on behalf of local residents and the Nottingham Park Estate Limited and a copy is attached 4.5 The Chief Fire Officer requires a final inspection and has recommended an increase in occupancy to 210 persons. 4.6 The comments of the Noise Pollution Officer will be reported at the meeting 4.7 Building Control, Planning and the Police have no objections. 4.8 Health & Safety Officer has no objection but requires a final inspection. 4.9 The applicant, objectors and supporters have been invited to attend and a map showing the location of the premises is attached.

5.0 LEGAL IMPLICATIONS Legal implications will be reported at the meeting. 6.0 EQUAL OPPORTUNITIES IMPLICATIONS None 7.0 List of background papers other than published works or those disclosing confidential or exempt information

• Application dated 26 February 2004

• Letters from Poppleston Allen solicitors dated 26 February, 2 March & 7 April 2004

• Form D24 from the Fire Officer dated 2 March 2004

• Email from Building Control dated 9 March 2004

• Letter form Nottinghamshire Police dated 12 March 2004

• Memo from Planning dated 17 March 2004

• Letter from Robert Clarke, Chartered Surveyors dated 25 March 2004

• Email from Poppleston Allen solicitors dated 29 March 2004 8.0 CRIME & DISORDER IMPLICATIONS Licensing for public entertainments is an opportunity for the City Council to work in partnership with the Police to reduce the risk of crime and disorder occurring both within and immediately outside licensed premises, having regard to the effect of the proposals on both customers and residents. 9.0 Copyright Acknowledgement Nottingham City Council has adopted a policy of making agendas and reports available for public inspection by electronic means. Where material from sources other than the City Council is reproduced either in whole or in part as part of a Committee report, copyright of such material is acknowledged. Where the copyright holder of such material objects to the practice of its further publication for viewing by electronic means, they should contact the officer(s) named below in the first instance who will arrange for its removal. Barry Horne CORPORATE DIRECTOR CITY DEVELOPMENT Lawrence House, Talbot Street, Nottingham NG1 5NT Contact Officer: Janet Swain, Team Leader – Food & Licensing Telephone number: 0115 9156776 email: general.licensing@nottinghamcity.gov.uk 29 April 2004